House of Commons Journal Volume 9: 17 December 1680

Journal of the House of Commons: Volume 9, 1667-1687. Originally published by His Majesty's Stationery Office, London, 1802.

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'House of Commons Journal Volume 9: 17 December 1680', in Journal of the House of Commons: Volume 9, 1667-1687, (London, 1802) pp. 681-683. British History Online https://www.british-history.ac.uk/commons-jrnl/vol9/pp681-683 [accessed 19 March 2024]

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In this section

Veneris, 17 die Decembris, 1680.

Mey's, &c. Nat.

ORDERED, That the Names of Martin Mey, and Cornelius Steler, who Yesterday took the Oaths of Allegiance and Supremacy at the Clerk's Table, in order to their Naturalization, be inserted in the Bill of Naturalization.

Gould's, &c. Petition.

A Petition of John Gould and Henry Palmer, was read.

Ordered, That the Consideration of the said Petition be referred to the Committee appointed to examine the Proceedings of the Judges in Westminster-hall: Who are to examine the Matter thereof; and to report the same, with their Opinions therein, to the House.

Ecclesastical Courts.

A Petition of Mr. John Emarton, was read.

Ordered, That the Consideration of this Petition be referred to the Committee appointed to receive Complaints against the Proceedings of Ecclesiastical Courts; to examine the Matter thereof, and report the same, with their Opinions therein, to the House.

A Petition of Charles Cottington Esquire, was read.

Ordered, That the Consideration of this Petition be referred to the Committee last-mentioned; to examine the Matter thereof; and report the same, with their Opinions therein, to the House.

Ordered, That Sir John Clobery, Mr. Corryton, and Mr. Bockland, be added to the same Committee.

Middlesex Court of Conscience.

A Petition of the Grand Jury of the County of Middlesex; viz. for the Hundred of Oswaldston; was read.

Ordered, That the Consideration of this Petition be referred to Sir William Poultney, Sir William Roberts, Sir Nicholas Carew, Sir Anthony Irby, Sir John Newton, Mr. Duboys, Sir John Holman, Sir John Otway, Mr. Whitley, Sir Thomas Clarges, Sir William Waller, Sir Gilbert Gerald, Sir Trevor Williams, Mr. Love, Mr. Windham, Sir Robert Carr, Sir George Downing, Mr. Owen; and all the Members that serve for the Cities of London and Westminster, and County of Middlesex: And they are impowered to bring in a Bill or Bills for erecting a Court of Conscience, to be held within the Jurisdiction of the said County of Middlesex, upon the Debate of the House.

Leave of Absence.

Ordered, That Major Bremen have Leave to go into the Country.

Privilege- a person discharged.

Ordered, That Captain Castle, being in Custody of the Serjeant at Arms attending this House, be brought to the Bar; and do receive the Censure of the House, upon his Knees, from Mr. Speaker; and be discharged, paying his Fees.

Which was accordingly done.

Vagrants, &c.

A Petition of Richard Haines, desiring Leave, That a Bill be brought in, for restraining Vagrants, and promoting the Woollen Manufacture, was read.

Ordered, That Leave be given to bring in a Bill for that Purpose.

And it is referred to Mr. Pilkington, Sir Trevor Williams, Sir Richard Cust, Sir Robert Cleyton, Mr. Duboys, Mr. Love, Sir Patience Ward, Sir John Knight, to prepare and draw up the same.

Hearth Money.

Ordered, That Leave be given to bring in a Bill for the more easy collecting his Majesty's Revenue arising by Hearth-money.

Leave of Absence.

Ordered, That Sir Nicolas Pelham, and Sir Thomas Wilbraham, have Leave to go into the Country.

Burying in Woollen.

An ingrossed Bill touching Persons buried in Woollen, was read the Third time.

Resolved, That the Bill do pass: And that the Title be, An additional Act for Burying in Woollen.

Ordered, That Sir George Downing do carry up the said Bill to the Lords; and desire their Lordships Concurrence therein.

Tobaccoplanting, &c.

A Bill for Continuance of Two Acts; the One, intituled, An Act for preventing the Planting of Tobacco in England, and Regulating of the Plantation Trade; the other, An Act for Exporting Beer, Ale, and Mum; was read a Second time.

Resolved, That the Bills be committed to Sir George Downing, Sir John Hotham, Mr. Thompson, Mr. Bockland, Mr. Thistlethwayte, Mr. Powle, Mr. Pilkington, Mr. Pollixfen, Sir John Knight, Sir Francis Russell, Mr. Gee, Mr. Burdett, Sir Robert Henley, Mr. Love, Sir Robert Cleyton, Mr. John Trenchard; and all the Members that serve for the several Sea Ports throughout England: And all that come are to have Voices: And they are to meet at Three of the Clock this Afternoon, in the Speaker's Chamber.

Privilege- Petition from a person in custody.

A Petition of Henry Aulnett Esquire, in Custody of the Serjeant at Arms attending this House, was read.

Ordered, That the said Petition do lie upon the Clerk's Table.

Court of Marches.

Mr. Serjeant Seys reports from the Committee to whom the Bill for taking away the Court holden before the President and Council in the Marches of Wales, was committed, That the Committee, having taken the same into Consideration, had agreed upon some Amendments to be made, and a Clause to be added, to the same: Which he read in his Place; and afterwards delivered them in at the Clerk's Table: Where the same were read.

The Amendments, being read a Second time, were, upon the Question, agreed to.

The Clause being read a Second time.

And the Question being put, That the House do agree with the Committee in the said Clause;

It passed in the Negative.

Ordered, That the Bill, with the Amendments agreed to by the House, be ingrossed.

Impeachment of Mr. Seymour.

Sir William Poultney reports from the Committee to whom it was referred to prepare the Impeachment against Edward Seymour Esquire, a Member of this House; and to search Precedents touching the Imprisoning of Members of this House, when impeached in Parliament; That the Committee had directed him to make a special Report thereof: Which he read in his Place; and afterwards delivered the same in at the Clerk's Table: Where the same was read; and is as follows;

* * * *

And a Debate arising in the House thereupon:

Ordered, That Sir William Jones, Mr. Harbord, Sir Christopher Musgrave, Sir Francis Winnington, Sir Thomas Lee, Sir William Poultney, do withdraw; and put the Articles against Mr. Seymour into the Form of an Impeachment, forthwith; and make Report thereof to the House.

Leave for a Member to attend Lord Stafford.

Sir William Temple acquaints the House, That the Lord Stafford had sent to desire to speak with him; and desiring to know the Directions of the House therein.

Ordered, That Sir William Temple have Leave to repair to the Lord Stafford, and speak with him.

Removing Papists, &c.

A Bill for restraining Papists from coming or residing within the Cities of London and Westminster, or within Twenty Miles distant from the same; and from wearing and having Arms; was read a Second time.

Resolved, That the Bill be committed, upon the Debate of the House, to Mr. Garaway, Colonel Kirby, Sir Fra. Winnington, Mr. Paul Foley, Sir Thomas Clarges, Mr. Walsh, Sir Christopher Musgrave, Sir Thomas Thynne, Sir Samuel Bernardiston, Sir Eliab Harvey, Mr. Cheile, Mr. Lucy, Mr. Tufton, Mr. Thompson, Sir Richard Corbett, Sir Francis Russell, Sir Thomas Player, Sir John Carew, Mr. Onslow, Mr. Hamden, Sir John Hotham, Sir Thomas Meres, Sir William Hickman, Sir James Long, Mr. Bockland, Sir William Jones, Colonel Birch, Sir Robert Atkins, Sir Edward Harley, Sir Rowland Gwyn: And all that come are to have Voices: And they are to meet at Three of the Clock this Afternoon, in the Speaker's Chamber.

Impeachment of Mr. Seymour.

Sir William Poultney reports from the Committee appointed to put the Articles against Mr. Seymour into the Form of an Impeachment, That the said Committee had agreed upon a Form: Which he read in his Place; and afterwards delivered the same in at the Clerk's Table: Where the same being twice read, was, upon the Question, agreed to.

Ordered, That the said Articles, so agreed upon, be ingrossed.

Ordered, That Mr. Seymour be taken into Custody of the Serjeant at Arms attending this House, for securing his Forth-coming, to answer to the Impeachment of this House against him, until he shall have given sufficient Security to this House, to answer to the said Impeachment.

Ordered, That the Serjeant at Arms attending this House, be impowered to receive Security for the Forthcoming of the said Mr. Seymour, to answer to the Impeachment of this House.

Security against arbitrary Power.

The House then, according to their former Order, resolved into a Committee of the whole House.

Mr. Speaker left the Chair.

Mr. Powle took the Chair of the Committee.

Mr. Speaker resumed the Chair.

Mr. Powle reports from the Committee of the whole House, That the Committee, having taken the Matters to them referred into Consideration, had agreed upon several Resolves: Which he read in his Place; and afterwards delivered them in at the Clerk's Table: Where the same being read, are as follows; viz.

Resolved, That it is the Opinion of this Committee, That the House be moved, That a Bill be brought in for the more effectual Securing of the Meeting and Sitting of frequent Parliaments.

Resolved, That it is the Opinion of this Committee, That the House be moved, That a Bill be brought in, That the Judges may hold their Places and Salaries quam diu se bene gesserint.

Resolved, That it is the Opinion of this Committee, as One Means to prevent arbitrary Power, That the House be moved, that a Bill be brought in against illegal Exaction of Money upon the People; and to make it High Treason.

The First of the said Resolves being read a Second time;

And a Motion being made, That the Words "as One Means to prevent arbitrary Power" be inserted after the Word "Parliaments:"

Which being agreed to by the House;

Resolved, That this House doth agree with the Committee, That a Bill be brought in, for the more effectual Securing of the Meeting and Sitting of frequent Parliaments, as One Means to prevent arbitrary Power.

The Second of the said Resolves being read a Second time;

And a Motion being made, That the Words "hereafter to be made and appointed" be inserted after the Word "Judges," and before the Word "may," and that the Words "and also to prevent the arbitrary Proceedings of the Judges," be added at the End:

Which being agreed to by this House;

Resolved, That this House doth agree with the Committee, That a Bill be brought in, That the Judges, hereafter to be made and appointed, may hold their Places and Salaries quam diu se bene gesserint; and also to prevent the arbitrary Proceedings of the Judges.

The last of the said Resolves being read a Second time;

And a Motion being made, That these Words, "as a Means to prevent arbitrary Power," be left out;

Which being agreed to by the House;

Resolved, That this House doth agree with the Committee, That a Bill be brought in against illegal Exaction of Money upon the People; and to make it High Treason.

Ordered, That a Committee be appointed to prepare and bring in a Bill or Bills pursuant to the said several Resolves.

And it is referred to Sir William Jones, Sir John Hotham, Sir Tho. Meres, Mr. Hamden, Mr. Paul Foley, Mr. Vernon, Sir William Bastard, Mr. Bond, Sir Francis Russell, Sir Thomas Lee, Sir Fra. Winnington, Mr. Powle, Sir Eliab Harvey, Sir Richard Cust, Colonel Birch, Sir Samuel Bernardiston, Sir William Poultney, Mr. Reynell, Sir Nicholas Slanning, Mr. Arnold, Sir Rowland Gwyn, Mr. Love, and all the Members of the Long Robe; or any Three of them: And they are to meet To-morrow in the Afternoon at Three of the Clock, in the Speaker's Chamber.

Committees.

Ordered, That all Committees that were to sit this Afternoon, be adjourned.

And then the House adjourned to Eight of the Clock To-morrow Morning.